- (1.)Heard both sides. T. Madanagiriyappa, the petitioner herein has come forward with the present writ petition praying for the issue of a writ of certiorarified mandamus to call for the records relating to the letter of the 4th respondent dated 14.8.2006 bearing Na.Ka. No, 12/A1/00 and quash the same and to consequently direct the respondents 1 to 4 to promote the petitioner as Headmaster with retrospective effect from 14.6.1988 with all back-wages and service benefits.
(2.)The petitioner was appointed as secondary grade Assistant in the Panchayat Union Elementary School, Hosur for the First time on 26.10.1973 and was ousted from service on 30.4.1973 to be re-appointed on 1.6.1974. On being regularised, the petitioner was deputed to the Panchayat Union Elementary School, Madigiripalli, which was a single teacher school. Thereafter, he was relieved and the 5th respondent Smt. Kusumakumari was posted to the said single teacher school. Subsequently, the management wanted to place the senior most secondary grade teacher in the single teacher school, since such teacher was to be designated Headmaster cum single teacher. On 1.6.1982 when such a decision was taken by the management, the senior most person by name Umadevi was posted as Headmistress cum single teacher in Panchayat Union Elementary School, Madigiripalli. But the said Umadevi was not willing to accept the post. Hence the 5th respondent was allowed to continue as Headmistress cum single teacher of the said school.
(3.)The petitioner has come forward with the present writ petition contending that the petitioner being next in seniority should have been offered the post of Headmaster cum single teacher, when his immediate senior Umadevi declined the offer. It is the further contention of the petitioner that inspite of the petitioner's representations for being posted as Headmaster cum single teacher, his request was turned down. It is his further contention that though the 5th respondent Kusumakumari was junior to him, she was allowed to continue as Headmistress cum single teacher even after the implementation of the 5th Pay Commission recommendation and she continued to be the Headmistress of the Panchayat Union Elementary School, Madigiripalli; that pursuant to the upgradation of the post of Headmistress of elementary school, the junior to him, who was holding the post of Headmaster of Panchayat Union Elementary School, Madigiripalli should have been relieved from the post and the petitioner ought to have been promoted as Headmaster and posted in any one of the single teacher school or as Headmaster in any other Panchayat Union Elementary School; that since his junior was allowed to continue as Headmistress, the petitioner should be given promotion as Headmaster with retrospective effect from 14.6.1988.